KINVENT BIOMECANIQUE – GENERAL TERMS AND CONDITIONS
Physical Sales
Updated on 9 November 2023
These general terms and conditions of sale and license (“GTC”) have been drawn up by KINVENT BIOMECANIQUE, a French société par actions simplifiée (simplified joint stock company) with a share capital of EUR 626,054.25, registered in Montpellier (France) under company number 829 348 747, whose registered address is Cap Omega, Rond-Point Benjamin Franklin 34000 Montpellier (“KINVENT BIOMECANIQUE”).
The GTC governs all purchases of one or more products of KINVENT BIOMECANIQUE, except for transactions completed on KINVENT BIOMECANIQUE’s website, which are subject to special terms and conditions separate from the GTC. They also include the terms of the license associated with full use of the features of KINVENT BIOMECANIQUE’s products.
All orders placed with KINVENT BIOMECANIQUE (except online purchases) imply unreserved acceptance of the GTC, which prevail over all other terms and conditions, including the purchaser’s general terms of purchase, if any.
The GTC apply to all KINVENT BIOMECANIQUE’s customers, regardless of their status:
- consumers, i.e., natural persons acting for purposes other than their business, industrial, craft, freelance or agricultural activity;
- professionals, i.e., public or private natural or legal persons acting in the scope of their business, industrial, craft, freelance or agricultural activity, including if in the name and on behalf of another professional;
- non-professionals, i.e., any legal person not acting for professional purposes. For the purpose of the GTC, non-professionals are assimilated to consumers.
Some specifically identified stipulations of the GTC only apply to consumers or professionals, depending on the case. Accordingly, KINVENT BIOMECANIQUE requests you to read the GTC in detail to identify the stipulations applicable to you as a consumer or a professional.
In compliance with Articles L. 112-1, L. 112-2 and L. 141-1 of the French Consumer Code (Code de la consommation), these general terms and conditions are available to purchasers for information purposes before they purchase. In compliance with Article L. 441-1 of the French Commercial Code (Code de commerce), these GTC constitute the sole basis of the business relationship between the parties.
SECTION 1 – DEFINITIONS
For the purposes of the GTC, the capitalized terms set out below, whether used in the singular or the plural, are defined as follows:
Application: means the smartphone application “KINVENT PHYSIO” (available for iOS and Android) enabling the use of KINVENT BIOMECANIQUE’s Products. Some of the Application’s features are subject to a paid subscription with KINVENT BIOMECANIQUE.
Customer: means any natural or legal person, under private or public law, placing an order for one or more Products with KINVENT BIOMECANIQUE.
License: means the rights granted by KINVENT BIOMECANIQUE to the Customer to use the features of KINVENT BIOMECANIQUE’s Products. Some features are subject to a paid subscription.
Order: means any purchase of a Product from KINVENT BIOMECANIQUE. The purchase is subject to KINVENT BIOMECANIQUE‘s prior acceptance of the Purchase Order. All Purchase Orders are governed by the GTC.
Product: means any apparatus offered for sale by KINVENT BIOMECANIQUE. The Products are measuring devices for sport and rehabilitation purposes, intended mainly for physiotherapists or other professionals in the field of functional rehabilitation and sport. The Products are designed by KINVENT BIOMECANIQUE or third parties.
Purchase Order: means any document through which a Customer places an Order with KINVENT BIOMECANIQUE. The Purchase Order can be a written document, which must be signed by the Customer to be taken into account by KINVENT BIOMECANIQUE, or can take the form of a quote sent by email, which will imply the issuance of an approval by return email to validate the Purchase Order.
User: means any natural person using a KINVENT BIOMECANIQUE Product and/or the Application.
SECTION 2. SCOPE OF APPLICATION
All transactions involving a Product are subject to full acceptance by the Customer of the GTC.
SECTION 3. PRODUCT PURCHASES
3.1. Information on the Products
In accordance with Articles L. 111-1 and L. 112-1 of the French Consumer Code, the main characteristics and prices of KINVENT BIOMECANIQUE’s Products are available in KINVENT BIOMECANIQUE’s brochures and on its website www.k-invent.com (“Website”).
KINVENT BIOMECANIQUE presents and describes its Products in its brochures with the utmost care for the best information of its Customers, whether consumers or professionals. However, minor errors may occur in the presentation of the Products.
In such a case, KINVENT BIOMECANIQUE may in no event be held liable for the said errors and will make all the necessary corrections to any erroneous presentation as soon as possible after it becomes aware of the error concerned.
Some of the Products sold by KINVENT BIOMECANIQUE are not designed by it. In that case, the Products are described in the brochures published by their manufacturers, who are therefore responsible for their description.
In case of non-compliance, Customers can implement the guarantee referred to in Section 5.3 below (“Statutory guarantees”).
3.2 Product availability
As a principal, all the Products offered for sale are in stock or available on special order. KINVENT BIOMECANIQUE’s sales representative will inform the Customer if one or more Products are not immediately available and if a waiting period is necessary.
3.3 Purchases
To make a Purchase, the Customer must sign a Purchase Order, which must be validated by KINVENT BIOMECANIQUE. KINVENT BIOMECANIQUE will not be bound by any Purchase Order it has not previously validated.
All Purchase Orders sent by Customers to KINVENT BIOMECANIQUE are irrevocable, except if we provide written notice to the contrary. Thus, the Customer cannot cancel its Purchase Order or subscription, including when the package has not been opened (unless the right of withdrawal can be exercised).
SECTION 4. LICENSE – SUBSCRIPTION
4.1 License
KINVENT BIOMECANIQUE grants the Customer a License to use the Application in association with KINVENT BIOMECANIQUE’s Products. The License is granted for the term of the copyright attached to the Application. The License does not include any right to modify the Application or to create derivative works from the Application. The License does not include any right to access the source code of the Application, or to correct the Application, such rights being reserved to KINVENT BIOMECANIQUE in view of the fact that the Application and the Products are closely connected.
The License includes the right for the Customer to sub-license the Application to End Users solely to use the Application according to its usage.
Certain features of the Application require a subscription, as described in Section 4.2 below (“Subscription“).
It is agreed that KINVENT BIOMECANIQUE may terminate the License in the event of non-compliance with the rules set out in this section.
4.2 Subscription
Some features of the Application are only available by taking out a subscription with KINVENT BIOMECANIQUE, based on the price applicable at the time the subscription is made. The subscription packages (based on the number of Users, in particular) are described in KINVENT BIOMECANIQUE’s brochure.
The initial term of the subscription is indicated in the Purchase Order. At the end of that period, the subscription is automatically renewed on each anniversary date for successive periods of one (1) year, unless terminated earlier with one (1) month’s prior notice. The Customer can terminate its subscription by certified mail with return receipt sent to KINVENT BIOMECANIQUE or by email sent to support@k-invent.com, or by contacting KINVENT BIOMECANIQUE using the contact form in the “Customer Service” menu of the Application. No account will be taken of any other termination request made by telephone or SMS or sent to addresses other than those indicated in this section.
In the event of non-compliance with the above-mentioned notice period, the Customer will be automatically bound for an additional period of one (1) year and must pay the corresponding subscription fee to KINVENT BIOMECANIQUE.
The purchase of additional Products during an ongoing subscription period does not extend the term of the subscription. Similarly, if the Customer purchases a subscription from a KINVENT BIOMECANIQUE sales representative (product, pack, or license invoice) and subsequently purchases a duplicate subscription on KINVENT BIOMECANIQUE’s website, the only valid License will be the first. The duplicate subscription will be canceled and refunded.
SECTION 5. PRICES — TERMS OF PAYMENT
5.1 Prices
The price of each Product is indicated in KINVENT BIOMECANIQUE’s brochures. KINVENT BIOMECANIQUE may modify the prices at any time. The Customer will be informed of any new prices prior to placing an Order. In any case, the price of the Products will be stated on the Purchase Order. The Customer may be entitled to discounts and rebates, as set out in the KINVENT BIOMECANIQUE’s price list, based on the quantities purchased, or delivered by the KINVENT BIOMECANIQUE, at the time and in the place concerned, or based on the regularity of its orders.
The License fee is indicated in KINVENT BIOMECANIQUE’s brochure. The License fee is valid for the relevant subscription period. KINVENT BIOMECANIQUE may revise the fee at any time. In such case, the new fee amount will apply to subscriptions (or renewals of subscriptions) made after the date of its entry into force.
The prices are indicated in euros and include all taxes (including VAT) but exclude delivery. Delivery costs are determined according to the total weight of the Order and will be indicated to the Customer before the Order is confirmed.
In some countries, delivery is subject to customs declarations, customs duties and other taxes not accounted for at the time of the Order. Any such duties and taxes will be borne by the Customer. The Customer must investigate in advance the declarations, costs, customs duties, and other charges applicable to the execution of their order in the country of delivery. The Customer is solely responsible for such aspects.
Similarly, for orders delivered to a country other than France, the Customer is deemed to be the importer of the Product(s) concerned and must ensure that it has made all the necessary declarations and/or obtained all the authorizations and clearances enabling it to import the Product(s) into the country of destination, and KINVENT BIOMECANIQUE may in no event be held liable in this respect.
5.2 Terms of payment
The Customer can pay the price of the Order in cash or by credit card or bank transfer. The Customer may also pay through its financing institution. Where appropriate, KINVENT BIOMECANIQUE may suggest a financial partner. The Customer must then submit a financing application to the said partner, who will be free to accept or refuse the application. KINVENT BIOMECANIQUE does not intervene in such financing and assumes no liability whatsoever in that respect.
5.3 Invoices
KINVENT BIOMECANIQUE will send an invoice to the Customer, or hold the invoice at its disposal, at the time of delivery of the Products or as soon as possible after delivery.
5.4 Late payment
Late payment by a consumer: any delay in payment will automatically give rise, without notice, to the payment of interest at the applicable legal rate plus 1.5% (one point five percent). The consumer Customer will also bear any legal costs and, as a penalty, the penalty clause set out in Article 1226 et seq. of the French Civil Code. This penalty amounts to 10% (ten percent) of the total amount of the invoice and the minimum chargeable amount is one hundred (100) euros.
Late payment by a professional: KINVENT BIOMECANIQUE may charge late payment interest at three (3) times the legal interest rate without any reminder or prior notice being necessary. The interest is calculated per day of delay from the first day of delay to the date of full payment by the professional Customer of all amounts due to KINVENT BIOMECANIQUE.
In accordance with Article D. 441-5 of the French Commercial Code, the professional Customer will also automatically be charged a statutory penalty of forty (40) euros to cover the debt collection costs incurred by KINVENT BIOMECANIQUE. Where applicable, if such costs exceed this amount, KINVENT BIOMECANIQUE may claim additional compensation from the professional Customer, subject to producing supporting documents indicating the procedures completed. These penalties do not apply in cases where the Customer proves that it is subject to insolvency or compulsory liquidation proceedings. All costs in connection with overdue payment due to the refusal of a Customer’s payment by the bank will be borne by the Customer.
5.5 Retention of ownership
The Products sold remain in the ownership of KINVENT BIOMECANIQUE until full payment of their price, in accordance with this retention of ownership clause, which the Customer expressly accepts.
Failure to pay the price may result in KINVENT BIOMECANIQUE claiming back the goods without any refund.
These rules do not preclude the transfer to the Customer, upon delivery of the goods, of the risk of loss and deterioration of the goods and of liability for the damage they may cause.
In the case where the Customer sells the Products on, or if the Products are damaged, KINVENT BIOMECANIQUE reserves the right, by any legal means, to claim payment of any invoices remaining unpaid on the agreed payment dates.
SECTION 6. COMPLAINTS — WITHDRAWALS — WARRANTIES AND GUARANTEES
6.1 Complaints
KINVENT BIOMECANIQUE’s Customer service can be contacted by email at support@k-invent.com or by letter at the address indicated on the first page hereof. KINVENT BIOMECANIQUE undertakes to reply within five (5) working days of receipt of the complaint (except during annual closing periods).
6.2 Withdrawals
6.2.1 Terms governing the right of withdrawal
THE FOLLOWING TERMS DO NOT APPLY TO PROFESSIONAL CUSTOMERS OR PHYSICAL SALES OTHER THAN DOORSTEP SELLING
In compliance with applicable laws concerning doorstep selling, consumer Customers can exercise their right of withdrawal within a period of fourteen (14) days without any justification or penalty, except, where applicable, the cost of returning the goods.
The above-mentioned period begins on the date of receipt of the Product by the Customer or a third party, other than the carrier, designated by it. If the withdrawal period expires on a Saturday, a Sunday, a public holiday, or a non-working day, it is extended to the next working day.
Notice of withdrawal must be sent to KINVENT BIOMECANIQUE by way of a clearly worded statement, by email to support@k-invent.com or by certified mail with return receipt at the following address: Cap Omega, Rond-Point Benjamin Franklin 34000 Montpellier (France). The Customer can (but has no obligation to) use the template form provided in Schedule 1 of the GTC. In any event, KINVENT BIOMECANIQUE will send notice of receipt of the withdrawal by email to the Customer as soon as possible.
6.2.2 Effects of withdrawal
The right of withdrawal may not apply in the case of an order for customized Products or Products prepared in accordance with the Customer’s specifications.
Subject to this reservation, the Customer must return the Products to KINVENT BIOMECANIQUE without undue delay and no later than fourteen (14) days from notice of the withdrawal. Where the right of withdrawal is exercised, KINVENT BIOMECANIQUE will refund all the amounts paid by the Customer as soon as possible and no later than fourteen (14) days from the exercise date.
Where appropriate, KINVENT BIOMECANIQUE may suspend the refund of the Products until they are returned or until the Customer provides proof of shipment of the Products, whichever is earlier.
KINVENT BIOMECANIQUE will proceed with the refund using the same method of payment as that used by the Customer for the initial transaction, except if the Customer agrees to the use of another method of payment and provided that the refund does not result in any cost for the Customer.
PRODUCT RETURN COSTS (INCLUDING SHIPPING) ARE BORNE BY THE CUSTOMER.
The Product must be returned:
- appropriately protected in its original packaging with any accessories, user manuals and documentation, labels, and in perfect condition for resale (clean and undamaged);
- accompanied by the invoice, to enable the identification of the Customer (order number, name, first name, address);
- on the condition that the Product has clearly not been used (more than a few minutes), i.e., it does not show any signs of prolonged use beyond the time required to test it, and that it is in a condition enabling its resale.
The Customer will only be liable for depreciation of the Product resulting from its handling for longer than necessary to establish the nature and characteristics of the Product.
6.3 Guarantees
6.3.1 Damaged packages, defects, and visible defects
When the Products are delivered, and if a package is clearly and visibly damaged, the Customer must refuse the delivery to benefit from the carrier’s guarantee. The Customer must also immediately inform KINVENT BIOMECANIQUE so that a new package can be prepared and immediately sent upon receipt of the damaged package. In such cases, the delivery times indicated in Section 6 of the GTC will no longer apply.
It is the Customer’s responsibility to check that the Products are in good condition at the time of delivery. These checks must include the quality, quantities and references of the Products and their compliance with the order. Claims made more than three days after the date of delivery will not be accepted.
6.3.2 Warranties attached to the Application
Subject to any mandatory legal provisions to the contrary, more favorable to consumers, KINVENT BIOMECANIQUE warrants that the Application and all its components are original, were developed by it and are its ownership or the ownership of third parties by whom it is legally licensed.
KINVENT BIOMECANIQUE warrants that the Application is supplied free of viruses and malware.
KINVENT BIOMECANIQUE provides no other warranty than those set out in this section. In particular, the Customer declares that it is aware and accepts that the Application is supplied as is, that its operation may be subject to interruptions and that KINVENT BIOMECANIQUE reserves the right to correct (or not correct) any potential malfunctions of the Application.
6.3.3 Liability for defects and hidden defects (Article 1641 et seq. of the French Civil Code)
Regarding liability for defects of the Product sold, KINVENT BIOMECANIQUE undertakes, at the Customer’s choice and after assessing the defect, to:
- fully refund the price of the returned Product, or
- partially refund the price of the Product if the Customer decides to keep it.
6.3.4 Compliance guarantee (Article L. 217-4 et seq. of the French Consumer Code)
When acting in connection with the compliance guarantee, consumer Customers:
- have a period of two (2) years from delivery of the goods to act;
- can choose between repair or replacement, subject to the conditions laid down in
Article L. 217-9 of the French Consumer Code regarding the cost and subject to assessment by KINVENT BIOMECANIQUE;
- are not required to bring evidence of a lack of compliance of the goods during a period of twenty-four (24) months after delivery of the goods.
In the event of a lack of compliance of the goods ordered by the Customer at the time of delivery, KINVENT BIOMECANIQUE undertakes to replace the Product with an identical Product, or to exchange it for a Product of equivalent quality and price, or if neither of these first two solutions can be implemented, to refund the price of the Product within thirty (30) days of the request.
6.3.5 Extended Guarantee
At the time of purchase and up to 2 (two) months after receipt of the Products, the Customer is offered the possibility of subscribing to an extended guarantee with KINVENT BIOMECANIQUE. This offer is optional, and the Customer may refuse it, in order to benefit solely from the legal warranty, for the duration fixed by law.
This extended guarantee can be purchased from KINVENT BIOMECANIQUE or its distributors. It has the effect of extending the protection of the Products for an additional period which is added to the duration of the legal guarantee. The duration of the extension may range from 1 (one) to 5 (five) additional years. The guarantee extension takes effect at the end of the legal warranty period, and lasts for the agreed duration.
The guarantee extension is offered by KINVENT BIOMECANIQUE in return for payment of a price which will be indicated to the Customer at the time of the Order. The extension is granted only if the Customer is up to date with payment of this sum.
Subscribing to an extended guarantee in no way affects the Customer’s rights under the legal guarantees referred to in articles 6.3.3 and 6.3.4.
6.3.6 Implementation of the guarantees
To implement one of the above-mentioned guarantees, whatever the warranty period (legal warranty or extended warranty, the Customer must request instructions for the return of the Products by email sent to support@k-invent.com or by ordinary mail sent to KINVENT BIOMECANIQUE, Cap Omega, Rond-Point Benjamin Franklin, 34000 Montpellier (France).
The cost of returning the Product is borne by the Customer, except in the case of producer consumers implementing the compliance guarantee set out in Article L. 211-1 et seq. of the French Consumer Code.
6.3.7 Legislation applicable to guarantees to the benefit of consumers
For consumer Customers, the stipulations set out herein are without prejudice to the statutory guarantees, including the guarantee against hidden defects, laid down in Articles 1641 to 1649 of the French Civil Code, pursuant to the following legal provisions:
Article L. 217-4 of the French Consumer Code:
“The seller must deliver the goods in compliance with the contract and is responsible for any non-conformity at the time of delivery. It is also responsible for any non-conformity due to the packaging, assembly instructions or installation, if the latter was the responsibility of the seller under the contract or was carried out under the seller’s supervision.”
Article L. 217-5 of the French Consumer Code:
“The goods comply with the contract:
1) If they are suitable for the use normally expected of similar products and, as applicable:
– if they correspond to the description given by the seller and have the qualities that the seller presented to the purchaser in the form of a sample or model;
– if they have the qualities that a purchaser can legitimately expect in, view of the statements publicly made by the seller, the manufacturer or its representative, in particular as regards advertising or labeling;
2) Or if they have the characteristics defined by mutual agreement between the parties or are suitable for any specific use required by the purchaser, and of which the seller was informed and the seller accepted.”
Article L. 217-12 of the French Consumer Code:
“Legal action on account of a lack of conformity is time-barred after a period of two years from the delivery of the goods.”
Article 1641 of the French Civil Code:
“A seller is bound to a guarantee against latent defects in the goods sold rendering them unfit for their intended use or impairing that use to such an extent that the purchaser would not have bought the goods, or would have paid a lower price for them, had it been aware of the defects.”
Article 1648 § 1 of the French Civil Code:
“Legal action on account of latent defects must be brought by the purchaser within a period of two years following the discovery of the defects.”
N.B. Under the statutory compliance guarantee, consumers:
The statutory compliance guarantee applies regardless of the commercial guarantee potentially covering your product. Consumers can decide to implement the guarantee against hidden defects in the product sold, as defined in Article 1641 of the French Civil Code, and in that case, they can choose between the cancellation of the sale or a reduction in the sale price, in accordance with Article 1644 of the French Civil Code. |
SECTION 7. DELIVERY
7.1 Delivery costs
The cost of delivery or provision is indicated to the Customer before the order is finalized. The delivery costs indicated in the Purchase Order are in euros and are tax inclusive.
7.2 Delivery times
Orders are delivered by the postal service within thirty (30) working days of the Order date. This period may be extended, without any liability for KINVENT BIOMECANIQUE, due to the delivery times imposed by its subcontractors and/or the destination of the Products.
Certain Products and order volumes may, however, require a longer delivery time than that indicated above. The Customer will be clearly informed of this when the order is validated. If the Order is not delivered within forty (40) working days of the Order date, the Customer will be entitled to cancel the Order and be fully reimbursed, except if the delay in delivery is due to a force majeure event.
7.3 Place of delivery
The Products are delivered to the address indicated by the Customer on the Order date. In case of absence at the time of the delivery, a delivery notice will be left in the letter box. In case of non-delivery of a package by the carrier within the time indicated by it, the package will be returned to KINVENT BIOMECANIQUE, who will contact the Customer to return the Products at its cost. Failing a timely reply by the Customer, the Customer will be refunded.
7.4 Miscellaneous
The package will be carried to the recipient (at the entrance door on the ground floor) by our regular transport services provider or by an intermediary of our choice.
No Products are dispatched or delivered by KINVENT BIOMECANIQUE on Saturdays, Sundays, and public holidays. Delivery does not include the unpacking and installation of the Products.
An order may be delivered in several separate packages. KINVENT BIOMECANIQUE may in no event be held liable if the packages are delivered by the carrier on different dates (or over several days). In such cases, acceptance of the first package delivered is deemed as acceptance of the entire order.
Subject to any mandatory legal provisions to the contrary, more favorable to consumers, all the goods sold are transported at the Customer’s own risk, regardless of the method of transport and the terms of payment of carriage. Where applicable, particularly in case of damage, the Customer is responsible for informing the carrier of its reservations before taking delivery of the goods, in accordance with Section 5.3.1 above.
KINVENT BIOMECANIQUE may in no event be held liable for any delay or non-execution of all or part of the order, particularly in case of failure by the customer to comply with the terms of payment or to provide the information necessary for the timely execution of the order.
SECTION 8. LIABILITY
Subject to any mandatory legal provisions to the contrary, more favorable to consumer Customers, the liability of KINVENT BIOMECANIQUE is subject to the following provisions.
8.1. Force majeure — Customer fault
KINVENT BIOMECANIQUE assumes no liability in the occurrence of a force majeure event or a Customer fault, as defined in this Section.
8.1.1. Force majeure
In accordance with Article 1218 of the French Civil Code, any impediment due to fire, an epidemic, an explosion, an earthquake, bandwidth variations, failure of the access provider, breakdown of transmission networks, breakdown of facilities, unauthorized use of the passwords, codes or references provided to the Customer, hacking, a power outage, war, an embargo, a government requirement, a requisition, a strike or boycott, or other circumstances beyond the reasonable control of KINVENT BIOMECANIQUE will be deemed as a force majeure event. In such circumstances, KINVENT BIOMECANIQUE will be exempted from the performance of its obligations to the extent and for the duration of any such impediment.
8.1.2. Customer fault
For the purposes of the GTC, Customer fault means any misuse, fault, negligence, omission or failure by the Customer, any non-compliance by the Customer with the advice given by KINVENT BIOMECANIQUE (including the instructions for use contained in the user manual), any disclosure or unlawful use of the password, codes and customer references, and any erroneous information or failure to update such information in the Customer’s personal space. Any use of technical processes, such as robots or automatic applications, whose implementation would be explicitly or implicitly contrary to the GTC, is also considered as a Customer fault.
THE CUSTOMER MUST COMPLY WITH THE TERMS OF USE OF THE PRODUCTS, AS SET OUT IN THE USER MANUAL. FAILING THIS, NO GUARANTEE WILL APPLY.
8.2 Damage caused by KINVENT BIOMECANIQUE
Subject to any legal or regulatory provision to the contrary, KINVENT BIOMECANIQUE‘s liability is limited to direct, personal, and indisputable losses incurred by the Customer due to the breach concerned. In no event may KINVENT BIOMECANIQUE be held liable for indirect damage such as loss of data, loss of business property, loss of orders, loss of brand image, business disruption and loss of profit or goodwill. Similarly, and within the same limits, in no event may the damages due by KINVENT BIOMECANIQUE exceed the price of the Product ordered.
SECTION 9. INTELLECTUAL PROPERTY
KINVENT BIOMECANIQUE is the owner or licensee of all the elements related to the Products and the Application. In no event does the sale or use of the Products and/or the Application involve any transfer of intellectual property rights to the User.
SECTION 10. CUSTOMER SERVICE
Consumer customers can contact KINVENT BIOMECANIQUE with a view to the proper performance of the sales contract or the processing of a complaint. No surcharge is due for this.
KINVENT BIOMECANIQUE’s customer service is available from Monday to Friday from 9:30 a.m. to 5:30 p.m. and can be contacted at the following number: +33 4 67 13 00 33 (standard rate number).
SECTION 11. APPLICABLE LAW AND DISPUTES
11.1 Disputes with consumer Customers
Consumer Customers have the right to resort to a consumer mediator free of charge with a view to the amicable resolution of a dispute with a professional.
KINVENT BIOMECANIQUE guarantees to the Consumer Customer that it will effectively engage in a consumer mediation process.
KINVENT BIOMECANIQUE adhered to the CM2C (Center of the Mediation of Consumption of Conciliators of Justice – www.cm2c.net) and any Consumer Customer can thus seize a mediator of this organization in order to submit his problem to him.
Moreover, Consumer Customers can refer the dispute to a mediator of their choice, among those whose contact details are listed on the European Commission’s website at the following URL address: https://ec.europa.eu/consumers/odr
Failing an amicable agreement, any dispute in connection with the GTC will be submitted to the exclusive jurisdiction of the COMPETENT COURT OF MONTPELLIER, except for disputes concerning non-traders, which are subject to the statutory rules of jurisdiction.
11.2 Disputes with professional customers
In the event of a dispute with a professional Customer in connection with the GTC, the COMPETENT COURTS OF MONTPELLIER will have sole jurisdiction, regardless of the place of delivery and the accepted method of payment, including in the case of third-party appeals, multiple defendants, or emergency proceedings (interim order, subpoena, petition).
SECTION 12. MISCELLANEOUS
Any failure by either Party to enforce its rights under any provision of the GTC will not affect its right to enforce such provision at any time subsequently. Any failure by either Party to claim a breach of one of the provisions of the GTC will not constitute a waiver of the subsequent application of that provision or a new breach or waiver of the provisions themselves.
Any practice that is contrary to the provisions of the GTC, even if continued for a certain time, will not prevent either party from demanding the strict application of the provisions of the GTC. If any provision of the GTC is found to be null and void or invalid, such provision will be deemed as severable and the remaining provisions will continue in full force and effect.
The provisions of these GTC apply subject to compliance with mandatory provisions on unfair terms of contract.
These General Terms and Conditions, as well as the attached price lists and schedules of discounts and rebates, are expressly approved and accepted by the Customer who represents and acknowledges that it is fully aware thereof, and therefore waives reliance on any third-party document, including its own general terms of purchase.
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SCHEDULE 1 – HOW TO EXERCISE YOUR RIGHT OF WITHDRAWAL
To exercise your right of withdrawal in the case of an off-premises sale further to doorstep selling, please use the template form below and send it by certified mail with return receipt to the following address: KINVENT BIOMECANIQUE, Cap Oméga, Rond-Point Benjamin Franklin 34000 Montpellier (France) or by email to support@k-invent.com .
I the undersigned hereby declare the following purchase order to be null and void:
Product type:
PO date:
PO number:
Delivery date:
Reason (optional):
Customer name:
Customer address:
…………………………………………………………………………………………………………..
……………………………………………………………………………………………………………
……………………………………………………………………………………………………………
……………………………………………………………………………………………………………
Signature:
APPENDIX 1 TO THE KINVENT GENERAL TERMS AND CONDITIONS OF SALE
PROTECTION OF PERSONAL DATA – JOINT LIABILITY
This appendix supplements the stipulations of KINVENT’s General Terms and Conditions of Sale (“GTCS”) and forms an integral part thereof.
This appendix specifies the conditions under which the Parties, namely KINVENT and the Customer, jointly determine the purposes and means of processing personal data within the meaning of European General Regulation No. 2016/679 of April 27, 2016 on the protection of personal data (“RGPD”) and the French Data Protection Act of January 6, 1978 in its current version (collectively the “Applicable Laws”) and what their respective roles are in this regard.
- EXHIBIT SUMMARY
Under the terms of the GTC, the Customer, a health or sports professional, has acquired one or more Products designed by KINVENT for use in its practice with users (patients, customers, etc.), in association with the Application, which notably enables the measurement of the strength, balance and movements of the said users and the monitoring of their progress.
The use of a Product associated with the Application thus involves the collection and processing of certain personal data relating to users. This collection and processing is detailed in KINVENT’s Privacy Policy.
In addition to this Privacy Charter, and in accordance with the provisions of Article 26 of the RGPD, the respective roles and responsibilities of KINVENT and the Client are specified in this appendix.
- JOINT LIABILITY OF THE PARTIES
The use of a Product in conjunction with the Application involves the collection and processing of users’ personal data. In their capacity as joint data controllers, KINVENT and the Customer jointly determine the purposes and means of data processing.
On the one hand, the Client, a healthcare or sports professional, is responsible for creating a user file and, on this occasion, for obtaining the consent of his patient or client for the use of a Product associated with the Application. The use of the Product and the Application is then implemented under the constant supervision of the Customer, who will first measure the user’s condition (strength, balance and movement), then give him exercises to do and measure his progress throughout the sessions.
On the other hand, KINVENT processes the data collected in real time during use of the Product and displays it within the Application, all via algorithms it has designed itself. This processing is fully automated.
The processing of personal data subject to joint responsibility within the meaning of Article 26 of the RGPD is therefore as follows:
Treatment name: Measuring a user’s strength, balance and range of motion
Nature of processing : Analysis of data resulting from the use of a KINVENT Product
Purpose of Processing: Evaluation and training
- RESPECTIVE ROLES OF THE PARTIES
The implementation of the processing described above, which is the joint responsibility of the Parties, implies the implementation, by each Party, of part of this processing.
Thus, for the Customer :
Processing name: Measurement of strength, balance and range of motion
Nature of processing: Collection of user data (user file)
Purpose of Processing: Creation of user file, exercise supervision
And for KINVENT :
Treatment name: Measurement of strength, balance and range of motion
Nature of processing : Automated analysis of data resulting from the use of a Product
Purpose of Processing: Measurement of user progress, data storage
- INFORMING THOSE CONCERNED
In accordance with KINVENT’s Privacy Charter, it is recalled that KINVENT is never in contact with users and that it is therefore the Client’s responsibility, and theirs alone, to inform their patients or customers of the collection and processing of their personal data through a Product and the Application, under the terms of Article 13 of the RGPD.
KINVENT points out that, under this text, data subjects must be informed, at the time the data is collected, of the following:
- the identity and contact details of the data controller and, where applicable, of the data controller’s representative;
- where applicable, the contact details of the Data Protection Officer;
- the purposes of the processing for which the personal data is intended, and the legal basis for the processing;
- where applicable, the legitimate interests pursued by the data controller or by a third party;
- the recipients or categories of recipients of the personal data, if any; and
- where applicable, the fact that the controller intends to transfer personal data to a third country or to an international organization, and the existence or absence of an adequacy decision issued by the Commission or, in the case of transfers referred to in Article 46 or 47, or in the second subparagraph of Article 49(1), the reference to the appropriate or adequate safeguards and the means of obtaining a copy of them or the place where they have been made available ;
- the length of time the personal data will be kept or, where this is not possible, the criteria used to determine this length of time;
- the existence of the right to request access to, rectification or erasure of personal data from the controller, or a restriction of processing in relation to the data subject, or the right to object to processing and the right to data portability;
- the right to withdraw consent at any time, without prejudice to the lawfulness of processing based on consent given prior to withdrawal;
- the right to lodge a complaint with a supervisory authority;
- information on whether the requirement to provide personal data is of a regulatory or contractual nature, or whether it is a condition for the conclusion of a contract, and whether the data subject is obliged to provide the personal data, as well as on the possible consequences of not providing such data;
- the existence of automated decision-making, including profiling, as referred to in Article 22(1) and (4), and, at least in such cases, useful information concerning the underlying logic, as well as the significance and anticipated consequences of such processing for the data subject.
It is therefore the sole responsibility of the customer to inform the data subjects.
A model information clause is given in Appendix 1.
- EXERCISING THE RIGHTS OF DATA SUBJECTS
In accordance with Article 26 of the RGPD, data subjects may exercise the rights they have both in relation to the Client and in relation to KINVENT.
- RESPONSABILITY
The Parties are jointly and severally liable to the persons concerned by the processing operations under joint responsibility referred to in this appendix.
The Parties shall each be liable to the other for any faults committed in the collection and processing of users’ personal data. Consequently, the Party which has made full reparation for the loss suffered by a user will be subrogated to the latter’s rights and may require the other Party, insofar as its share of responsibility has been determined, to pay the sum corresponding to its share of responsibility.
- SUB-CONTRACTING
The Parties may subcontract all or part of the processing operations described herein. In all cases, subcontracting must be implemented under a written contract and carried out using technical and organizational measures offering sufficient guarantees of security, ensuring the protection of the rights of the persons concerned by the processing.
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APPENDIX 1 – MODEL INFORMATION CLAUSE
“INFORMATION ABOUT YOUR PERSONAL DATA”
I propose that you use a KINVENT BIOMECANIQUE brand sensor as part of the workout sessions carried out under my supervision, which notably enables me to measure your abilities (strength, balance, movement) and then monitor the progress you demonstrate throughout our sessions.
The use of this sensor implies the collection and processing of certain information about you that may constitute personal data within the meaning of the applicable regulations (including the European General Regulation on the Protection of Personal Data – RGPD – n° 2016/679 of April 27, 2016).
This data, consisting of certain identifying information about you (collected as part of a user form), as well as data from KINVENT BIOMECANIQUE’s sensor, will be subject to automated processing that benefits from all confidentiality and security guarantees, as detailed in KINVENT BIOMECANIQUE’s Confidentiality Charter.
No other data concerning you will be processed.
This data is analyzed and stored by KINVENT BIOMECANIQUE, a simplified joint stock company with capital of 626,054.25 euros, registered under number 829 348 747 RCS Montpellier, whose registered office is at Cap Omega, Rond-Point Benjamin Franklin 34000 Montpellier.
In this respect, you have the right to request the rectification, modification or deletion of your personal data, as well as the right to object to the processing of your personal data. To do so, please send an e-mail to the following address: dpo@kinvent.com. You also have the right to contact the CNIL.”